The Exchange of Tax Information Portal is an initiative
of the Global
Forum on Transparency and Exchange of Information for Tax Purposes.
The Global Forum conducts peer reviews of its member jurisdictions' ability
to co-operate with other tax administrations in accordance with the
internationally agreed standard. The standard provides for exchange of
information on request where it is foreseeably relevant to the administration
and enforcement of the domestic tax laws of the requesting jurisdiction.
Effective exchange of information requires that jurisdictions ensure information
is available, that it can be obtained by the tax authorities and that there
are mechanisms in place allowing for the exchange of that information.
The Global Forum's peer review process examines both the legal and regulatory
aspects of exchange (Phase 1 reviews) and the exchange of information in
practice (Phase 2). The EOI Portal will track the development of these peer
reviews, including changes that jurisdictions make in response to the Global
Forum's recommendations.

Determinations and Recommendations

Jurisdictions should ensure that ownership and identity information for all relevant entities and arrangements is available to their competent authorities. (ToR A.1)

Determination

Factors

Recommendations

The element is in place.

Ownership information on foreign companies having sufficient nexus with Slovenia (in particular, having their place of effective management in Slovenia) and on foreign partnerships carrying on business in Slovenia or deriving taxable income is not consistently available.

Slovenia should ensure that ownership information on foreign companies with sufficient nexus with Slovenia (in particular, having their place of effective management in Slovenia) and on foreign partnerships carrying on business in Slovenia or deriving taxable income is available in all cases.

Jurisdictions should ensure that reliable accounting records are kept for all relevant entities and arrangements. (ToR A.2)

Determination

Factors

Recommendations

The element is in place.

The requirements to keep underlying documentation are worded in a general way and do not go into detail regarding the type of underlying documentation to be kept, which could result in an uneven application of the obligation to keep underlying documentation.

Slovenia should clarify its requirements that underlying documentation must be kept in respect of all relevant entities and arrangements.

Banking information should be available for all account-holders. (ToR A.3)

Determination

Factors

Recommendations

The element is in place.

Competent authorities should have the power to obtain and provide information that is the subject of a request under an exchange of information arrangement from any person within their territorial jurisdiction who is in possession or control of such information (irrespective of any legal obligation on such person to maintain the secrecy of the information). (ToR B.1)

Determination

Factors

Recommendations

The element is in place.

The rights and safeguards (e.g. notification, appeal rights) that apply to persons in the requested jurisdiction should be compatible with effective exchange of information. (ToR B.2)

Determination

Factors

Recommendations

The element is in place.

Exchange of information mechanisms should provide for effective exchange of information. (ToR C.1)

Slovenia should continue to develop its EOI network with all relevant partners.

The jurisdictions' mechanisms for exchange of information should have adequate provisions to ensure the confidentiality of information received. (ToR C.3)

Determination

Factors

Recommendations

The element is in place.

No enforcement measures are in place where confidentiality is breached of information that does not relate to a Slovene tax liability under an information exchange agreement other than a DTC.

Slovenia should ensure that appropriate enforcement measures are in place in all cases where confidentiality is breached of information which may be exchanged pursuant to an information exchange agreement that is protected by a duty of confidentiality.

The exchange of information mechanisms should respect the rights and safeguards of taxpayers and third parties. (ToR C.4)

Determination

Factors

Recommendations

The element is in place.

The jurisdiction should provide information under its network of agreements in a timely manner. (ToR C.5)

Determination

Factors

Recommendations

The assessment team is not in a position to evaluate whether this element is in place, as it involves issues of practice that are dealt with in the Phase 2 review.